In an unpublished case, Durack v. Wang, B276086, on September 27, 2017 the Court stated that Civil Code 1717 does NOT apply in an action based upon CC&R’s so attorney’s fees can be awarded against a party who voluntarily dismissed an action! In this case Plaintiffs brought an action against their condominium homeowners association and several individual defendants and settled as to all defendants but one, then voluntarily dismissed their action against the hold-out defendant. Continue Reading Attorney’s fees Awarded on a Voluntarily Dismissed Case based on CC&R’s — Civil Code 5975(c)

About Michael Simkin

Our firm focuses on real estate and business law. We prosecute and defend breach of contract, fraud, negligence, and misrepresentation cases. Our typical cases involve property owners, businesses, trustees, and realtors concerning purchase agreements, leases, contracts, and all other matters of residential and commercial property and business disputes. We also handle employment and probate and trust litigation.